Briefing Complete in 3rd Circuit for Out of State Retailer Challenge to NJ Delivery Law.

Briefing has been completed for the 3rd Circuit on the appeal by an out of state retailer to their loss at the district court level alleging that NJ law violates the dormant commerce clause because it does not allow out of state retailers to do things that NJ retailers may be able to do. The…Read More

Briefing Complete for 9th Circuit Review of Arizona Retailer Laws

The briefing is complete for the 9th Circuit on the dormant Commerce Clause challenge by two wine aficionados to Arizona laws on wine retailing.  After the Arizona District Court upheld the state law, an appeal was filed.  The state of Arizona has filed its response brief and and a brief was filed by the intervening defendant-appellee Wine…Read More

Direct Shipping Proponents Once Again Seek to Misstate Support of National Conference of State Legislatures For Model Alcohol Shipping Bill. NCSL Issues Another Clarifying Statement.

The National Conference of State Legislatures (NCSL) is an organization based in Colorado representing the interests of state legislators and staff.  It provides research to state legislatures and represents their interests in various government bodies. Included in its mission is an emphasis “specially in support of state sovereignty and state flexibility and protection from unfunded federal…Read More

What Are Your Plans to Celebrate the Passage of the 21st Amendment? I Am Looking Forward to an Interesting Webinar on the 90th Anniversary of the 21st Amendment (and Toward Liquor Control)

Some people use December 5 to celebrate half of the 21st Amendment – section one which is the repeal of the 18th Amendment.   I on the other hand join those in the know to celebrate the entire 21st Amendment.  Specifically, section 2 and its statement putting states in charge of alcohol policy in the United…Read More

First Circuit Affirms In Part, Sends Back for More Evidence in Rhode Island Retail Direct Shipping Challenge

The First Circuit ruled on the appeal of a challenge to Rhode Island retail shipping laws.  The opinion was authored by Circuit Judge Selya and affirms part of the state win below, but also sends back for additional fact-finding on several parts of the challenged statutes. The First Circuit upheld the district court’s ruling upholding…Read More